Certain existing lots, structures and uses of lots and structures were lawful before the adoption of the ordinance from which this chapter is derived, but have become nonconformities under the terms of this chapter and its amendments. It is the intent of this chapter to permit such nonconformities to remain until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade such nonconformities to conforming status. Nonconformities shall not be enlarged, expanded, or extended, except as provided in this chapter, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconformities are declared by this chapter to be incompatible with the structures and uses permitted in the various districts.

(Ord. No. 50, § 11.1, 11-17-1992)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of the ordinance from which this chapter is derived or amendment of this chapter. This section shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations for the district in which such lot is located.

(Ord. No. 50, § 11.2, 11-17-1992)

Where, at the effective date of the ordinance from which this chapter derives or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming uses shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter derives or amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this chapter derives or amendment of this chapter.

(3)

If such nonconforming use of land ceases operation with the intent of abandonment for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. No. 50, § 11.3, 11-17-1992)

Where a lawful structure exists at the effective date of the ordinance from which this chapter derives or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 50, § 11.4, 11-17-1992)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of the ordinance from which this chapter derives or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject of the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption of the ordinance from which this chapter derives or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations pertaining to the uses permitted in the district in which such structure is located, and the nonconforming use may not thereafter be resumed. section 32-464 shall apply to any nonconformity relating to the structure.

(4)

If such nonconforming use of land and structures ceases operation with the intent of abandonment for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter pertaining to the uses permitted in the district in which such land is located. Structures occupied by seasonal uses shall be excepted from this subsection only so long as seasonal uses shall continue.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the nonconforming status of the land.

(6)

If no structural alterations are made, any nonconforming use of a structure, or a structure and premises, may be changed to another nonconforming use of the structure or a structure and premises or a more restricted classification provided that the zoning board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require appropriate conditions and safeguards in accordance with the purpose and intent of this chapter. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.

(Ord. No. 50, § 11.5, 11-17-1992)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50 percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage of the ordinance from which this chapter is derived or amendment of this chapter shall not be increased.

(Ord. No. 50, § 11.6, 11-17-1992)

Any use for which a general exception, condition approval, or special approval is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(Ord. No. 50, § 11.7, 11-17-1992)

There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of such nonconforming uses except in conformity with the provisions of this chapter.

(Ord. No. 50, § 11.8, 11-17-1992)